The Trump administration is considering leaving thousands of Ukrainians in the United States in an uncertain legal position rather than extending or immediately ending their Temporary Protected Status, according to people familiar with discussions on Capitol Hill.
A congressional aide and another person familiar with administration discussions said lawmakers have considered the option as a possible middle ground on the contentious immigration issue. Both spoke anonymously because they were not authorised to discuss sensitive Ukraine policy deliberations.
The approach could allow the administration to avoid two competing pressures ahead of the US midterm elections. Immigration hardliners have been calling for tighter immigration controls, while deporting thousands of Ukrainians to a country still at war with Russia could trigger significant political and public backlash.
Some Republican lawmakers have called for the termination of all Temporary Protected Status programmes, arguing that protections intended to be temporary are repeatedly extended. They contend that the programmes can also affect employment opportunities for Americans.
Sen. Jim Banks, a Republican from Indiana, made the argument in an August interview with Fox News, saying the “TPS process” was putting “America last.”
However, other Republicans and many Democrats have urged the administration to extend protections for Ukrainians.
Sen. Jeanne Shaheen, a Democrat from New Hampshire and a longtime congressional supporter of Ukraine, said she was pressing the administration to renew the protections. She acknowledged, however, that “based on the current policies, it’s hard to see how that happens.”
Zach Kahler, a spokesperson for US Citizenship and Immigration Services, declined to comment specifically on the future of TPS for Ukrainians. He said the agency “is actively processing discretionary re-parole cases, including those for Ukrainians, on a case-by-case basis as the law intends.”
The uncertainty comes as the White House continues to emphasise its immigration enforcement record while facing pressure from anti-immigration voices within President Donald Trump’s political coalition.
The administration’s broader approach to Ukraine may also be influencing its position on Ukrainians living in the US under temporary protections.
A second person familiar with administration discussions said the Trump administration’s decision to place less emphasis on the war in Ukraine had become a factor in its approach to Ukrainian asylum seekers.
“There’s no incentive to do anything positive for Ukraine right now,” the person said. “Everything with Ukraine functions in line with the broader bilateral relationship, and fundamentally things haven’t changed with Trump.”
According to the person, allowing the protected status of Ukrainians to expire would be the simplest option for the administration.
Trump previously considered cancelling a separate programme that allowed Americans to sponsor Ukrainians seeking refuge in the US. He ultimately backed away from ending the programme after facing bipartisan opposition, although the administration stopped accepting new applications.
Ukraine’s continued war with Russia has strengthened arguments from supporters of extending TPS. Russian missile and drone attacks remain a threat to Ukrainian cities, while Russian forces continue to control significant portions of Ukrainian territory.
Despite the political debate over immigration, support for Ukrainian refugees in the United States remains significant among both Democrats and Republicans.
Banks has opposed extending TPS protections, but some other conservative lawmakers have backed continued protection for Ukrainians, including the chairman of the House Freedom Caucus.
The administration has also taken different positions on TPS for people fleeing other conflicts. In May, it extended protections for another six months for Lebanese migrants who fled fighting involving Israel and Iran-backed Hezbollah militants.
At the same time, the administration has ended or moved to end protections for people from several countries, including Somalia, South Sudan and Yemen, as well as Cameroon and Myanmar.
Haiti has also faced the prospect of losing temporary protections despite severe security challenges, particularly in the capital, Port-au-Prince, where armed gangs have continued to operate.
Trump has also continued to make statements critical of Kyiv. As recently as Monday, he blamed Ukraine for record-high energy prices.
Immigration restriction advocates have warned that leaving Ukrainians in limbo could also create political problems for the administration.
Mark Krikorian, head of the Center for Immigration Studies, said the White House could face renewed criticism if it chooses not to make a clear decision on the issue.
“I’m not sure they can get away twice with that,” said Mark Krikorian, the head of the Center for Immigration Studies, a think tank in Washington that advocates for greater controls on legal immigration. “People are going to speak up about it and you can expect that people are going to look closely for Ukrainian announcements.”
While the possibility of allowing Ukrainians to remain in an uncertain position is being discussed privately, lawmakers and advocacy groups are publicly pushing for a full extension of their protected status.
Supporters have also pointed to the economic consequences of removing thousands of Ukrainians from the US workforce.
In a September 22 letter, a bipartisan group of senators, including Shaheen and Republican moderates Lisa Murkowski of Alaska and Susan Collins of Maine, urged Homeland Security Secretary Markwayne Mullin and Secretary of State Marco Rubio to extend protections.
They argued that Ukrainians with TPS play important roles in the transportation, healthcare and construction sectors. Revoking their status, they warned, “risks disrupting these industries, increasing costs for American consumers by forcing thousands of experienced workers out of their jobs.”
Murkowski also joined Democratic Sen. Bill Cassidy and Rep. Brian Fitzpatrick, a Republican from Pennsylvania, in backing a bipartisan bill sponsored by Rep. Jason Crow, a Democrat from Colorado, that would extend TPS for Ukrainians until 2029.
For now, however, the broader US policy discussion remains focused largely on the war itself, including efforts to end Russian military operations and provide Ukraine with the equipment and logistical support it needs.
The congressional aide said many advocacy groups with longstanding ties in Washington continue to prioritise Ukraine’s defence rather than the separate immigration issue.
